LINDA R. BLAIN, APPELLANT,
v.
KEITH BLAIN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court held that the trial court's custody award to the paternal grandparents was supported by substantial evidence and affirmed the judgment.
Appellant sought review of a final divorce judgment that awarded custody of the parties' minor child to its paternal grandparents. The sole issue on a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Presumption Of Correctness Of Trial Court Judgment cases and more on FLexlaw
Appellant seeks review of a final judgment granting appellee a divorce and awarding custody of the parties’ minor child to its paternal grandparents. The sole point on appeal questions the sufficiency of the evidence to support the custody provision of the judgment.
In our review of the record we have given due consideration to the applicable appellate principle that a judgment of the trial court reaches the appellate court clothed with a presumption of correctness. The record reveals that although the testimony is conflicting, there is substantial evidence to support the findings made and conclusions reached by the trial court. It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed error or that the evidence demonstrates that the conclusions reached are erroneous.1 The evidence sus*522tains the conclusion that the best interest of the child will be served by awarding its custody to its paternal grandparents, and appellant has failed to demonstrate that such conclusion constitutes an abuse of discretion.2 The judgment appealed is accordingly affirmed.
WIGGINTON, C. J., and CARROLL, DONALD K. and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mildred Rucker Littel In re Interest of Howard Dewayne Rucker v. Hunnicutt, 310 So. 2d 45 (Fla. 1st DCA 1975)…ence is conflicting, the trial judge who heard the testimony was in a better position than are we to evaluate it and there is substantial evidence to support his findings [*46] and conclusions. As this court stated in Blain v. Blain, Fla.App. (1st), 214 So. 2d 521: “. . . It is not the province of this court to substitute its judgment for that of the trier of the facts. These findings will not be disturbed in the absence of a clear showing that the trial court committed error or that the evidence demonstrat…
Authorities Cited
- OLD Equity Life Ins. Co. v. Franklyn Levenson, 177 So. 2d 50 (Fla. 3d DCA 1965)
- Stoller v. Jaffe, 125 So. 2d 310 (Fla. 3d DCA 1960)
- Richard v. Harrison, 165 So. 2d 235 (Fla. 2d DCA 1964)